🎁CreateforGifts

The fine print

Terms of Service

Version 1.0 ¡ Effective 2026

Template notice. This is a drafting template, not legal advice, and has not been reviewed by a licensed attorney. Have qualified counsel review and approve it before relying on it.

The short version

A plain-language summary for convenience only. If it ever conflicts with the full terms, the full terms control.

  • What we are: A technology and operations platform. We introduce content creators to brands, broker a private shipping address so your real address stays hidden, and, when asked, help arrange purchasing, fulfillment, and analytics.
  • What we are not: We do not make, sell, own, inspect, endorse, or guarantee any product. We are not a party to any deal between a brand and a creator. We are a neutral venue, nothing more.
  • Who is responsible for products: The brand and the manufacturer. Not us. Anything about a product's safety, quality, condition, legality, or delivery is between the brand and the creator or recipient.
  • Who is responsible for the deal: The brand and the creator. Each of you handles your own taxes, contracts, disclosures, and legal duties.
  • Your disclosures: Creators are solely responsible for required advertising disclosures (for example #ad or #gifted) and for following the rules of the social networks they post on.
  • Our service: Provided as is. We do not promise uptime, results, views, sales, or any particular outcome.
  • Limits: Our liability to you is strictly capped, and you agree to arbitration on an individual basis. Details below.

1. Acceptance of terms and eligibility

  1. 1.1These Terms of Service (the “Terms”) are a binding agreement between you and the platform, including its brands CreateForGifts and GuyGifts (collectively, the “Platform,” “we,” “us,” or “our”). By creating an account, accepting an invitation, checking an acceptance box, or otherwise accessing or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.
  2. 1.2Age. You must be at least 18 years old and able to form a binding contract. The Platform is not directed to anyone under 18, and you may not use it if you are under 18.
  3. 1.3Invite-only. The Platform is currently offered on an invitation-only basis. Access is a revocable privilege, not a right. We may grant, decline, suspend, or revoke access at our sole discretion.
  4. 1.4Authority. If you accept these Terms on behalf of a company, brand, or other organization, you represent that you are authorized to bind that entity, and “you” includes both you and that entity.
  5. 1.5Accuracy. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for all activity under your account and for keeping your credentials secure.

2. Definitions

  1. 2.1“Platform” means our websites, applications, tools, address-brokering service, optional purchasing and fulfillment services, analytics, and related services.
  2. 2.2“Creator” means a user who receives, or seeks to receive, gifted products and who may produce Content.
  3. 2.3“Brand” means a user, business, or representative that offers, provides, or arranges to provide products to Creators.
  4. 2.4“Gift” or “Product” means any physical or digital item, sample, or good that a Brand offers, sends, or arranges to send to a Creator through or in connection with the Platform.
  5. 2.5“Content” means any social media post, video, image, review, caption, story, or other material a Creator creates, publishes, or shares in connection with a Gift or Brand.
  6. 2.6“Agreement” means any understanding, arrangement, contract, or expectation between a Brand and a Creator. The Agreement is solely between the Brand and the Creator.
  7. 2.7“Brokered Address” means the private or intermediary shipping address the Platform provides so a Creator's real address is not disclosed to a Brand.

3. Role of the platform: neutral intermediary only

  1. 3.1Neutral venue. The Platform is a neutral technology and operations layer that provides matchmaking, secure address brokering, optional purchasing and fulfillment coordination, and analytics. We help Brands and Creators find one another and transact. That is all.
  2. 3.2Not a party. The Platform is not a party to any Agreement between a Brand and a Creator. We do not negotiate, guarantee, or enforce those Agreements. Any Agreement is formed directly between the Brand and the Creator, and its terms, performance, and breach are their responsibility alone.
  3. 3.3No relationship created. Nothing in these Terms or in your use of the Platform creates any employment, agency, partnership, joint venture, franchise, or fiduciary relationship between you and the Platform, or between any Brand and Creator and the Platform.
  4. 3.4No control over Users. We do not control, direct, or supervise Brands, Creators, their Products, their Content, or their conduct. Any screening we choose to do is limited, discretionary, and creates no duty or warranty.
  5. 3.5Operations do not change our role. Even when we broker an address, coordinate a purchase, arrange fulfillment, or provide analytics, we act only as a limited operational facilitator. Performing these functions does not make us a seller, manufacturer, distributor, importer, employer, agent, or party to any Agreement, and does not shift any Product or relationship liability to us.

4. No endorsement and no warranty of products

  1. 4.1Provided by Brands as is. All Products are offered and provided by Brands, not by the Platform. Products are made available to Creators on an “as is” and “as available” basis.
  2. 4.2No representations. The Platform makes no representations or warranties of any kind about any Product, including as to its safety, quality, condition, ingredients, fitness for a particular purpose, merchantability, legality, authenticity, labeling, country of origin, compliance with regulations, or non-infringement.
  3. 4.3No endorsement. The Platform's listing, transmission, or facilitation of a Product or Brand is not an endorsement, certification, recommendation, or approval.
  4. 4.4Your own diligence. Creators are responsible for evaluating whether to accept, use, consume, or promote any Product, and for reviewing labels, instructions, warnings, and applicable laws before doing so.

5. Product liability disclaimer

  1. 5.1All product claims sit between Brand and Creator. To the maximum extent permitted by law, all claims, damages, and disputes relating in any way to a Product, including personal injury, illness, allergic or adverse reaction, defect, malfunction, contamination, spoilage, property damage, mislabeling, regulatory violation, recall, or intellectual-property infringement embodied in the Product, are solely between the Creator or recipient and the Brand, manufacturer, distributor, or supplier responsible for that Product.
  2. 5.2Platform disclaims product liability. The Platform expressly disclaims, and you release the Platform from, all liability arising out of or relating to any Product. We do not manufacture, sell, own, import, distribute, inspect, test, warrant, or take title to any Product, and we assume no product-liability, warranty, or fitness obligations of any kind.
  3. 5.3Recalls and safety. We are not responsible for monitoring, issuing, or communicating recalls or safety notices. Brands are responsible for the safety and legal compliance of their Products and for handling recalls and safety issues directly with Creators and recipients.
  4. 5.4Direct recourse. Any recourse a Creator or recipient has for a Product-related harm is against the Brand, manufacturer, or supplier, and not against the Platform.

6. Assumption of risk and shipping and address safety

  1. 6.1Assumption of risk. Creators voluntarily choose to receive, handle, use, consume, wear, or otherwise interact with Products. To the maximum extent permitted by law, Creators knowingly and freely assume all risks associated with receiving and using Products, including risks of injury, illness, allergic reaction, and property damage, whether or not such risks are foreseeable.
  2. 6.2Check before you use. Creators should inspect Products, read all labels, warnings, and instructions, and consider allergies, medical conditions, and applicable age or safety restrictions before using any Product.
  3. 6.3Brokered Address. The Brokered Address is offered to help keep a Creator's real address private. We do not guarantee that any address, forwarding step, or shipment will be private, secure, timely, or error-free.
  4. 6.4Use a non-residential address. We strongly recommend that Creators use a PO box, mail-forwarding service, or other non-residential address for all shipments and never share their real home address with a Brand.
  5. 6.5Shipping risk. Shipping, customs, delivery, loss, delay, theft, and damage in transit are handled by Brands and their carriers, not by the Platform, and are outside our control.

7. Creator content obligations and FTC disclosure

  1. 7.1You own your Content and its consequences. Creators are solely responsible for the Content they create and publish, including its accuracy, legality, and compliance with applicable laws and third-party rights.
  2. 7.2Required disclosures. Creators are solely responsible for making all legally required advertising and material-connection disclosures, including those required by the U.S. Federal Trade Commission and any comparable authority. This includes clearly and conspicuously disclosing gifted or sponsored relationships (for example, using clear labels such as #ad or #gifted where appropriate). The Platform does not make these disclosures for you and is not responsible if you fail to.
  3. 7.3Platform policies of social networks. Creators must comply with the terms, community guidelines, and disclosure and branded-content rules of every social network on which they post.
  4. 7.4No unlawful or infringing Content. Creators must not publish Content that is false, deceptive, defamatory, infringing, harassing, or otherwise unlawful, and must have the rights necessary to use anything included in their Content.
  5. 7.5Between Creator and Brand. Any obligation to create, deliver, or maintain Content is part of the Agreement between the Creator and the Brand. The Platform is not responsible for whether Content is produced, how it performs, or whether it satisfies a Brand.

8. Independent relationship between brand and creator

  1. 8.1Independent parties. Brands and Creators are independent of each other and of the Platform. Nothing creates an employment, agency, partnership, or joint venture between a Brand and a Creator, or between either of them and the Platform.
  2. 8.2Own obligations. Each Brand and each Creator is solely responsible for its own legal, contractual, financial, and tax obligations, including income reporting, sales and use tax, import duties, business licensing, and any required filings. The Platform does not provide tax, legal, or accounting advice.
  3. 8.3Their deal, their disputes. The terms of any Agreement, including deliverables, timelines, usage rights, exclusivity, and any compensation, are set by the Brand and the Creator. Enforcement and breach of the Agreement are between them.

9. Disclaimer of warranties

  1. 9.1As is and as available. The Platform and all services, features, tools, analytics, and content we provide are furnished on an “as is” and “as available” basis, with all faults, to the maximum extent permitted by law.
  2. 9.2No warranties. We disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.
  3. 9.3No guarantee of results. We do not warrant that the Platform will be uninterrupted, secure, error-free, or free of harmful components, or that any matchmaking, introduction, shipment, campaign, or Content will produce any particular result, reach, engagement, sale, or return. Analytics and data are provided for convenience and may be inaccurate, incomplete, or delayed.
  4. 9.4Third-party services. The Platform may link to or integrate with third-party services (such as carriers, payment processors, and social networks). We do not control and are not responsible for those services.

10. Limitation of liability

  1. 10.1Exclusion of certain damages. To the maximum extent permitted by law, the Platform and its officers, directors, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, or reputation, arising out of or relating to these Terms, the Platform, any Product, any Content, or any Agreement, whether based in contract, tort, strict liability, or any other theory.
  2. 10.2Liability cap. To the maximum extent permitted by law, the total aggregate liability of the Platform arising out of or relating to these Terms or your use of the Platform will not exceed the greater of (a) the total fees you actually paid to the Platform in the twelve (12) months immediately before the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).
  3. 10.3Product and relationship claims excluded. Without limiting the above, the Platform has no liability for any Product, for any harm caused by a Product, or for any act, omission, breach, or dispute between a Brand and a Creator.
  4. 10.4Basis of the bargain. These limitations are a fundamental basis of the bargain between you and the Platform and apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some may not apply to you; in that case our liability is limited to the greatest extent permitted by law.

11. Indemnification

  1. 11.1By all Users. You agree to defend, indemnify, and hold harmless the Platform and its officers, directors, employees, contractors, and affiliates from and against any claims, demands, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your breach of these Terms or of any applicable law; and (c) your violation of any third-party right.
  2. 11.2By Creators. Creators additionally agree to indemnify the Platform from claims arising out of or relating to their Content, their disclosures or failure to disclose, their use of any Product, and their conduct toward any Brand or recipient.
  3. 11.3By Brands. Brands additionally agree to indemnify the Platform from claims arising out of or relating to their Products (including injury, defect, recall, and infringement), their statements about their Products, and their conduct toward any Creator.
  4. 11.4Between the parties. Each Brand and each Creator agrees that claims arising from their Agreement or dealings with each other are their responsibility, and each will hold the Platform harmless from those claims.
  5. 11.5Cooperation. We may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

12. Dispute resolution

  1. 12.1Disputes between Brand and Creator. Any dispute between a Brand and a Creator is solely between them. The Platform is not obligated to mediate, arbitrate, participate in, or resolve such disputes, and is not liable for their outcome. You release the Platform from claims arising out of disputes with other Users.
  2. 12.2Governing law. These Terms are governed by the laws of the State of [STATE], USA, without regard to conflict-of-laws principles.
  3. 12.3Binding arbitration. Any dispute between you and the Platform that is not resolved informally will be resolved by final and binding arbitration administered by a recognized arbitration provider under its applicable rules. Judgment on the award may be entered in any court of competent jurisdiction.
  4. 12.4Individual basis; class-action waiver. You and the Platform agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.
  5. 12.5Informal resolution first. Before starting arbitration, you agree to try to resolve the dispute informally by contacting us and allowing at least thirty (30) days to resolve it.
  6. 12.6Exceptions. Either party may bring an individual claim in small-claims court where it qualifies, and either party may seek injunctive relief in court to protect intellectual-property or confidentiality rights.
  7. 12.7Opt-out. You may opt out of the arbitration and class-waiver provisions of this Section by sending written notice within thirty (30) days of first accepting these Terms to the contact address below.

13. Payments, deposits, and limited-agent purchasing

  1. 13.1Fees. We may charge fees for access to or use of the Platform. Applicable fees will be disclosed to you, and you are responsible for paying them.
  2. 13.2Brand deposits. A Brand may deposit funds so the Platform can purchase Products on the Brand's behalf. When the Platform uses deposited funds to buy a Product, it does so only as the Brand's limited agent for that purchase transaction. The Brand remains the principal and the responsible party for the Product.
  3. 13.3No product liability from purchasing. Acting as a limited purchasing agent does not make the Platform a seller, manufacturer, distributor, or importer of any Product, and does not give the Platform title to, or responsibility for, any Product. The Platform disclaims all Product liability regardless of whether it arranged or funded the purchase.
  4. 13.4Handling of funds. Deposited funds are held and applied only for the agreed purpose. We are not a bank, and unless expressly stated, deposits do not bear interest. Refunds, if any, are subject to the arrangement between the Platform and the Brand and to amounts not already committed or spent.
  5. 13.5Third-party processors. Payments may be handled by third-party processors subject to their own terms. We are not responsible for their acts or omissions.

14. General

  1. 14.1Termination. We may suspend or terminate your access to the Platform at any time, with or without cause and with or without notice. Sections that by their nature should survive termination (including Sections 4 through 13) survive.
  2. 14.2Changes to the Platform. We may modify, suspend, or discontinue any part of the Platform at any time without liability.
  3. 14.3Changes to these Terms. We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you, such as by posting the updated Terms with a new effective date. Your continued use after changes take effect means you accept the updated Terms.
  4. 14.4Severability. If any provision of these Terms is held unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force.
  5. 14.5No waiver. Our failure to enforce any provision is not a waiver of it.
  6. 14.6Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms freely.
  7. 14.7Entire agreement. These Terms, together with any policies we reference, are the entire agreement between you and the Platform regarding the Platform and supersede all prior understandings on that subject.
  8. 14.8Contact. Questions about these Terms may be sent to [CONTACT EMAIL] or [MAILING ADDRESS].

Questions? See the FAQ or reach us any time.